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Celeste Creswell concentrates her practice in the area of civil litigation with an emphasis on complex commercial and technology related disputes. Prior to entering private practice, Ms. Creswell served as law clerk to the Honorable Curtis L. Collier, U.S. District Court, Eastern District of Tennessee. Practice Groups Litigation Intellectual Property Technology and Licensing Real Estate Education J.D., magna cum laude, University of Georgia School of Law, 1996 Executive Notes Editor, Georgia Law Review Order of the Coif Vasser Woolley Scholarship B.S., Decision Science, summa cum laude, Berry College, 1993 Representative Cases/Engagements Defended a leading Internet service provider against Lanham Act, state unfair competition, and tortious interference claims asserted by a $20+ billion multibank holding company. In a case of first impression within the Seventh Circuit, obtained summary judgment dismissing all of Plaintiff's claims by finding Defendant was immune from liability pursuant to the Communications Decency Act, 47 U.S.C. ß 230. Retained to represent a major personal computer manufacturing company after a class action was conditionally certified against the client pursuant to the Fair Labor Standards Act. Partnered with existing counsel and took lead role in briefing that resulted in decertification of the class. Defended a publicly traded company in a trademark infringement action in the United States District Court for the Northern District of California. Defeated a motion for preliminary injunction and obtained a ruling that plaintiff had abandoned its trademark by virtue of naked licensing. Defended a web hosting company in a putative class action regarding alleged violations of the Telephone Consumer Protection Act and defeated plaintiffs' motion to certify class. Defended a litigation support services company in a trade secret, breach of fiduciary duty and unfair competition action in the United States District Court for the Northern District of Georgia. Obtained summary judgment in favor of Defendant, defeated Plaintiff's cross-motion for summary judgment and recovered the costs of the action. Appeared as appellate counsel on brief and in oral argument in the Georgia Court of Appeals on behalf of a commercial landlord. Obtained a decision affirming the trial court's ruling on the principal contract issue and reversing the trial court's decision barring the landlord from recovering attorneys' fees. Represented a real property owner in a federal declaratory judgment action. Obtained summary judgment defeating Plaintiff's attempt to establish a contract to purchase real property by virtue of an alleged e-mail signature, pursuant to the Federal E-Sign Act. Bar Admissions Georgia Tennessee Court Admissions U.S. District Court, Eastern District of Tennessee U.S. District Court, Northern District of Georgia U.S. Court of Appeals, 11th Circuit Professional Memberships Vice Chair of the Internet Industry Committee of the Public Utility, Communications and Transportation Law Section, American Bar Association Intellectual Property Law Section, State Bar of Georgia Tennessee Bar Association Publications Co-Author, "Internet Industry", ABA Sec. Pub. Util., Comms., & Transp. L. Ann. Rep. 269, 2005 Co-Author & Faculty, "Corporate Trade Secret Protection in Georgia", National Business Institute, January 2002 Author, "Arbitration Clauses in Online Agreements: Reducing the Risk for Your Click and Mortar Business", Ubiquity, Vol. I, No. 17, June 12, 2000 Co-Author, "Employment Agreements - Legal and Drafting Issues, Nuts and Bolts of Corporate and Banking Law", ICLE, Feb.1999 Author, "Power v. Arlington Hospital Association: Extending COBRA's Striking Distance While Weakening the Power of Its Venom", 29 Ga. L. Rev. 1171, Summer 1995 Civic and Charitable Activities Member, Berry College Alumni Council President, Berry College Math and Science Alumni Association Young Leaders Society, United Way of Northwest Georgia Other Professional Accomplishments United States District Court, E.D. Tenn., Chattanooga, Tennessee, Law Clerk to the Honorable Curtis L. Collier, 1996 to 1998 Berry College Outstanding Young Alumni Award Cobb Life Magazine's "20 Rising Stars Under 40". |
